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(영문) 서울남부지방법원 2018.01.19 2017고정56
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No one shall distribute, sell, lease, or openly exhibit any obscene code, language, sound, image, or picture.

On July 15, 2015, the Defendant: (a) registered as “E” at the Defendant’s residence located in Seocheon-gu, Nowon-gu, Seoul; (b) registered as “E” as an Internet broadcast site D; and (c) recorded the instant facts in the instant facts in which the Defendant’s loss was caused by his/her finger while on May 14, 2016.” However, according to the evidence duly adopted and examined by the court, the aforementioned facts are not acknowledged; (c) the Defendant did not appear to have any substantial disadvantage to the Defendant’s exercise of his/her right of defense even if the correction was made without the amendment to the indictment, and thus, it is ex officio corrected.

The pan club members posted obscene videos, such as using pande clubs, to allow real-time viewing by members of pande clubs, etc., and distributed and openly displayed obscene videos through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Report on investigation by the prosecution (for suspect A’s obscene materials and video files) and video images attached thereto;

1. Application of Acts and subordinate statutes to a police report (G operating methods);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment of which are selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant and the defense counsel provided an Internet broadcast of the same content as the facts stated in the facts constituting a crime in the judgment of the Defendant, but did not express a sexual act with male, but did not directly indicate a sexual organ or conspiracy with male, and thus, the given broadcast images.

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